Calcutta high court rejects BJP’s plea for central forces during Kolkata civic polls – Hindustan Times

The Bharatiya Janata Party’s (BJP) petition seeking deployment of central armed police force (CAPF) during the Kolkata Municipal Corporation (KMC) election on December 19 was rejected by the Calcutta high court division bench of chief justice Prakash Shrivastava and justice Rajarshi Bhardwaj on Friday night.

Lawyers representing the BJP — which moved the division bench on Thursday hours after the single bench of justice Rajasekhar Mantha dismissed the same petition — told the court that BJP candidates and voters may face violence on Sunday and cited the alleged killings after the March-April assembly polls as the ground for such apprehension.

Hours after hearing all the parties, the division bench passed its order on Friday night.

“So far, no instance of violence has been pointed out nor along with the writ petition, any such material has been enclosed which furnishes a ground for deployment of the central paramilitary forces in the forthcoming Kolkata Municipal Corporation elections. Therefore, at this stage, we do not find sufficient material to accept the prayer,” the order said.

“However, we take note of the submission of the learned Additional Solicitor General that within six hours, the central paramilitary forces can be sent to avoid any untoward incident. Hence, we direct the (state) election commission to take an appropriate decision having due regard to the ground situation in consultation with the state authorities for deployment of central paramilitary forces, in case, if the need so arises, to ensure free and fearless elections,” the order added.

Lawyers representing the BJP said they will move the Supreme Court on Saturday, challenging the order.

BJP state president Sukanta Majumdar had moved the Supreme Court with the same petition last week. On Monday, the Supreme Court refused to hear it and asked the BJP to approach the Calcutta high court.

The division bench, however, did not close the matter and said it will hear all parties again on December 23 and by then the state government and the state election commission (SEC) have to file their reports.

During the hearing, the SEC and the state government told the division bench that adequate police arrangements have been made. Reacting to this, the chief justice said, “We have kept it (the matter) pending to see if what has been stated in this court is being complied with.”

When the bench was informed during the day that 22,621 police personnel would be deployed in the city, the chief justice inquired whether the number was adequate. The SEC submitted that additional police personnel can be deployed if the court asks for it.

Appearing for the central government, Additional Solicitor General Y J Dastoor told the bench that the Centre can deploy CAPF in Kolkata by Sunday morning and the forces will be at the disposal of the SEC.

Observing that the SEC was depending entirely on a Kolkata Police report on deployment of policemen on Sunday, the order said: “Having examined the same, we find that the state authorities and the election commission should reconsider the same. Having regard to the fact that the deployment is to be done not only for preventing violence but for also building confidence in the voters in respect of their safety, we are of the opinion that deployment in polling booth should be strengthened.”

Lawyer Loknath Chatterjee, who appeared for the BJP, said the court was reminded of the murder of a BJP worker in Kolkata on May 2, the day the assembly poll results were announced. The case is being investigated by the Central Bureau of Investigation.

In its order, the division bench said: “It cannot be disputed that free and fair election is the backbone of democracy. Forthcoming Kolkata Municipal Corporation election must be held in a transparent manner in such an atmosphere where voters can vote without fear. Though no concrete incident of violence in reference to coming election has been pointed out till now but the appellants have raised an important issue for taking up adequate measures so that voters come out fearlessly to vote because, on account of the past incidents of post-poll violence after general elections, they have fear in their mind.”

The BJP’s lawyers also cited the Supreme Court order which asked the Tripura government to deploy CAPF during the recent civic body elections. The Trinamool Congress (TMC) had moved the apex court in the run-up to these elections saying its candidates were facing threats.

Referring to this, the division bench said that the apex court order was passed under different circumstances and it directed the DGP and IGP (law and order, Tripura) to hold a meeting with the state election commission for assessing the requirement of CAPF.

“Hence, a decision in this regard is required to be taken by the concerned state authorities and the state election commission, keeping in view the ground situation,” the bench said.

Ratnanko Banerjee, a senior lawyer representing the SEC, told the court that the poll watchdog has been monitoring the situation in Kolkata and has held several meetings with the administration and the city police to ensure free and fair elections.

When the SEC told the division bench that 22,621 police personnel will be deployed, the chief justice asked, “Have you fixed responsibility on any officer to ensure that these police forces will be present?”

The SEC told the court that the commissioner of Kolkata Police and the director general of the state police will be responsible for the arrangements and security cameras have been installed in all polling booths following an order the court earlier passed.

Appearing for the state government, advocate general S N Mookherjee said adequate security arrangements have been made for the four BJP candidates on whose complaints the petition is based. He also said no incident of violence has been recorded in Kolkata so far.

Addressing a rally before the campaign came to an end at 5 pm, TMC national general secretary Abhishek Banerjee took a swipe at the BJP for filing the petition.

“Did deployment of CAPF during the assembly polls make any difference? We swept the elections. Let them bring the CAPF on Sunday. We will win all seats in Kokata. I have information that other parties may create trouble in a few civic wards. We will be vigilant. The troublemakers will be handed over to the police. If I find even one TMC worker intimidating voters he will be expelled,” Banerjee said at a rally in Kalighat.

Addressing a BJP rally, leader of the opposition in the state assembly, Suvendu Adhikari, said, “If there is trouble in even one polling booth in Kolkata, our workers in the districts will hit the streets and start a movement.”